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In recent years, Washington State has seen a significant shift in its criminal justice system, moving towards restorative justice and diversion programs aimed at rehabilitating youth offenders. While these programs are designed with good intentions—offering second chances and alternatives to incarceration—they have revealed serious flaws that compromise both victim safety and public trust. This system, which prioritizes rehabilitation for offenders, often leaves victims voiceless and in fear, while failing to hold perpetrators accountable for their actions.
Around 2016, diversion programs in Federal Way were created to address racial disparities in the criminal justice system and schools. These programs, including community service and mentorship, were intended to keep youth out of jail and provide an alternative to incarceration. For youth already involved in the justice system, the program gave them an opportunity to meet the requirements of their probation by participating in activities designed to promote personal growth and development.
These programs have led to unintended consequences. Many offenders, instead of being held accountable for serious crimes, have been funneled into diversion programs where they are celebrated for their "success" in rehabilitation. This process often takes place alongside politicians and policymakers who publicly endorse these efforts, creating an image of success while hiding the reality that offenders are evading true accountability. As a result, many victims are left in fear, with their voices stifled, and offenders are allowed to continue their harmful behaviors.
King County Superior Court, through the JDAI (Juvenile Detention Alternatives Initiative) grant, selected Federal Way, based on data, to draft and implement a plan to address disproportionality in the jails. This involved obtaining additional grants to fund judicial reforms for Federal Way. This county facilitated community driven project was referred to as the Community Justice Project. A work group was formed to assemble a plan for Federal Way. This occurred in response to Violence Prevention Coalition recommendations presented to the city at the time. From this initiative, Youth Action Team formed as a replacement to already existing Youth LINC (A program that uses the Office of Juvenile Justice and Delinquency Prevention Comprehensive Gang Model framework to reduce gang involvement and violence among young people). Below is an email from the county to people who were involved in serving youth in the community and who may have worked on the violence prevention coalition. They were invited to work on a plan for Federal Way.
A work group assembled the plan
The selection of Federal Way for this project was based on the following data
We compared this with other data in our records. Longer-range data from prior to 2015 created by the Federal Way Police Department in March of 2016 shows a spike in referrals for violent crimes and a drop in misdemeanor and drug violation referrals. There's also a smaller number of arrests below compared to referrals mentioned above but the reason is unclear based on the data presented here.
This data shows a sharp increase in South King County cities with Federal Way having the biggest increase after having added two fully tax-exempt housing projects with up to five bedrooms to the city of Federal Way. There is also a drop in total referrals overall.
It’s unclear what wraparound services the referrals mentioned below had received and how effective they were. It would be good to have rigorous data to determine effectiveness of each program for the purpose of future funding.
At the end of 2016, according to this data from our record request, there were a significant number of active cases in the Federal Way School District. This data was often provided to the work group by King County.
It was shared by county staff that recidivism (repeat offenders) "would be hard to tabulate right now".
School district cases were referred via School Resource Officers. There was a desire to get at risk youth the help they needed via the services of Youth Action Team. Turnover and conflict/disorganization within the Youth Action Team organization led to a lack of response and it isn’t clear just how many of the referrals were actually served by Youth Action Team.
School Security reached out to the SROs to seek help with referrals for at risk youth.
Disturbing Findings Involving One Offender and Listed Crimes
We requested records tied to a specific case number involving one perpetrator who participated in the HYPE program. While some earlier records were redacted, many were not, as the individual participated in diversion programs beyond the age of 18 as a leader of the program.
The original records, including case numbers and listed crimes, came from an email in which law enforcement officers expressed concerns about lenient plea deals and the offender’s ongoing participation in diversion programs, even as their offenses increasingly involved firearms. Despite a growing criminal history, the individual remained in a system focused on rehabilitation without sufficient consequences, raising serious questions about the effectiveness of these programs in preventing recidivism.
It should be noted at the time of the email, in July 2019, there were 15 cases in Spillman, a software system used by law enforcement and public safety agencies to manage records, dispatch operations, and streamline data sharing and reporting.
These cases include the following.
Robbery 2 plead down to theft 3 in Arrested in June of 2016
Assault 1 plead down to assault 4 and misdemeanor Harassment Arrested October 2017
Refuse to provide information to LE, NVOL, Failure to obey LE Arrested in 2018
Harassment, Theft 3, Refuse to cooperate with LE, NVOL Arrested in 2018
DUI Arrested 2018
Reckless Driving Arrested 2018
Other obstruction related cases in Spillman where he either fled from police or was only cited and not booked.
These crimes revealed the following trends:
Escalating Nature of the Crimes:
The offender has committed a series of escalating crimes, starting with minor infractions and advancing to more serious offenses, including violence and weapon-related crimes. This progression—from nonviolent acts to armed robbery, assault, and gun-related offenses—reveals a troubling pattern of increasing danger to the community. It suggests that participation in diversion programs or lenient measures may not be deterring further criminal behavior but instead emboldening the offender to escalate their actions.
Frequency of Weapon-Related Crimes:
Several of the crimes listed involve weapons, indicating that this offender has used or threatened to use deadly force in multiple instances. The fact that the offender has repeatedly engaged in weapon offenses points to a concerning disregard for public safety. Even though these offenses should have been met with more severe consequences, many appear to have been reduced to misdemeanors or dismissed entirely, allowing the offender to evade accountability and continue to pose a threat to others.
Plea Bargaining and Dismissals:
A disturbing pattern emerges with multiple crimes being plea bargained down from felonies to misdemeanors or dismissed entirely. This undermines the severity of the crimes committed and may indicate systemic problems in the way the justice system handles violent offenders. The leniency in sentencing or prosecution means that perpetrators like this individual do not face adequate consequences for their actions. As a result, there is little deterrent for this offender or others who may believe they can evade real punishment through similar methods.
Victim Intimidation and Fear:
The case files show a pattern of intimidation against victims and witnesses to prevent them from cooperating with law enforcement. This highlights a disturbing tactic where the offender, aware of the lack of real consequences, , somehow locates and stalks a victim, even when they have a protection order in place, uses threats of violence or coercion to silence those who might otherwise testify. In one case the criminal’s attorney contacted the victim even when there was a protection order in place. This not only exacerbates the victim's suffering but also undermines the integrity of the entire criminal justice process.
Crimes Committed After Diversion Programs:
One of the most troubling aspects is that some of these crimes occurred after the offender was referred to diversion programs, designed to reduce recidivism. This indicates a potential failure of these programs to rehabilitate or deter repeat offenders. The fact that the offender continued committing serious crimes even after receiving support suggests that these programs, while well-intentioned, may not be addressing the underlying issues of criminal behavior. Additionally, the lack of tracking recidivism makes it impossible to assess whether the programs are genuinely effective.
Public Support and Media Celebration:
Despite the repeated and escalating nature of the crimes, the offender has been celebrated in public events, with policy makers and community leaders praising their success in diversion programs. This pattern of celebrating offenders who have committed serious crimes creates a disconnect between the justice system's response and the actual danger these individuals pose to the community. It also sends a dangerous message that perpetrators can continue to commit crimes while being lauded as success stories, further disempowering victims.
Information about HYPE and other YAT programs
The Problem: Restorative Justice, Plea Bargaining, and Victim Silencing
While restorative justice, programs can be a useful tool for rehabilitation, their current application in Washington State is creating significant gaps in victim protection and public accountability. Plea bargaining, a process in which serious charges are reduced or dismissed in exchange for guilty pleas or other concessions, has become one of the most problematic aspects of this system. Offenders who commit felonies often see their charges reduced to misdemeanors, or in some cases, charges are dropped entirely. This allows perpetrators to evade the full consequences of their actions, leaving victims without justice.
At the same time, Washington State and King County have set high prosecutorial standards requiring victims to cooperate with the legal process for cases to move forward. It has also recently been revealed that one offender must commit five weapon offenses before serving any real time. Many victims, particularly those living in fear of retaliation from the perpetrators, are unwilling or unable to cooperate with the legal system. They are often trapped in their homes, afraid to come forward, knowing that the justice system offers them little protection.
The Federal Way probation office is/was a key element of diversion in Federal Way. The probation office ensured accountability via reporting of hours served as facilitated by volunteers.
While we agree that it’s good for parents to be engaged in the process, It is unclear if a parent who is also a volunteer with the program also signs off on required community service.
This might have been a success story if this was indeed an early offender. More data is needed to be sure.
Systemic Issues: The Growing Concerns About Bail and Recidivism
One glaring example of systemic failure involves cases where offenders, after committing multiple violent crimes, are quickly bailed out or released with little to no consequences. A recent case in the news highlighted a group of youth offenders responsible for 80 armed robberies involving over 100 victims, with escalating violence. Shockingly, one offender reportedly asked an officer to book them that evening knowing they’d likely be released the next day.
As mentioned above, when diversion programs were introduced in Federal Way, people asked about the data and concerns were raised about measuring recidivism and ensuring accountability for repeat offenders. King County staff revealed that they couldn’t track recidivism at the time. Without this crucial data, it remains impossible to evaluate whether these programs effectively prevent reoffending. As a result, they continue unchecked, despite growing evidence that some offenders exploit these programs to avoid meaningful consequences.
Recent Laws: Protecting Offenders at the Expense of Victims
Recent laws in Washington State have increasingly prioritized protecting offenders while limiting the rights and voices of victims. One of the most troubling was a law prohibiting police from pursuing suspects in certain situations. While this law has since been overturned through public initiative, it significantly hampered law enforcement's ability to apprehend offenders, even after serious crimes. Police reports revealed that the one offender, whose public records were reviewed, had fled from officers multiple times even before this law was passed, often driving without a license or insurance. This same individual had worked with policymakers prior to these laws being proposed and implemented, and the voices of youth in these programs played a significant role in shaping these policies.
Another concerning provision requires that anyone involved in a case—victim, witness, or perpetrator—must be allowed to consult with an attorney before speaking to law enforcement. In many cases, attorneys advise their clients to remain silent, effectively discouraging victims and witnesses from reporting crimes or providing testimony. This silences those most in need of justice while shielding offenders from accountability.
The most alarming proposal still under consideration would seal criminal records for offenders, erasing public records of their crimes. If passed, this law would make it illegal for victims to discuss the crimes committed against them, further isolating them and denying their right to speak out or seek justice, while offenders reintegrate into society without any lasting consequences.
The Need for a Balanced Approach: Restorative Justice with Accountability
While restorative justice programs can be valuable for rehabilitation, they must not come at the expense of public safety or victim protection. Washington State's current approach, particularly in its handling of plea bargaining and diversion programs, has allowed offenders to avoid meaningful consequences for their actions. This has created an environment where victims are silenced, offenders are shielded, and the public is left vulnerable.
Washington State needs to adopt a more balanced approach, one that integrates clear mechanisms for measuring recidivism, and robust protection for victims. Only by ensuring that both rehabilitation AND safety for the public at large are prioritized can we begin to restore trust in the justice system and provide victims with the justice they deserve.
With a shift toward prosecution at the county level for misdemeanor cases, Federal Way deserves the same treatment as every other city despite the disproportionality. The county should focus instead on addressing the disproportionality in housing higher need individuals in South King County and Federal Way in particular. It is unfair to target one city and require them to not send cases to the county but rather handle their problems within their community, especially if these cases do not reflect the actual crimes committed by the individuals served.
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